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1991 Supreme(Mad) 803

PADMINI JESUDURAI
P. Sekar – Appellant
Versus
State by Inspector of Police, Kovilpatti East Police Station, V. O. C District – Respondent


Advocates Appeared:
For the Petitioner:K. Jeganathan, Advocate.
For the Respondent:R1 -P. Govindarajan, Government Advocate, R2 - P. Sukumar, Advocate.

Judgment :-

1. Thefirst accused in C.C.No.777 of 1989 pending before the Judicial Magistrate No.1, Kovilpatti, against whom and two others, on a charge sheet filed by the first respondent herein for offences under Secs.406 and 420, I.P.C. and Secs.3, 7,42(i) read with Secs.1, 23 and 112 of the Motor Vehicles Act, 1939, invokes the inherent powers of this Court under Sec.482, Crl.P.C. for a direction to the second respondent to produce the lorry seized in the case whose interim custody had been ordered to the second respondent by the learned Magistrate and to return the same to him.

2. Circumstances relating to the present application are briefly as follows: On 13.2.1989 one Paramasivam gave a complaint before the first respondent that one Selvam and Raja appeared before him on 8.2.1989 in the lorry bearing Reg.No.TDS 6895 at Kovilpatti and gave out their names as stated above and agreed to transport his 96 bags of blackgram worth Rs.55,159.20 and hand over the same to Jeyam Corporation, Madurai for a fare of Rs.550 that he entrusted the above blackgram load to the above two persons but that he learnt from Jeyam Corporation that the load had not been delivered to them and that the tw

















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